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NY R01854




May 3, 2005

CLA-2-30:RR:NC:2:238 R01854

CATEGORY: CLASSIFICATION

TARIFF NO.: 3004.90.9145

Mr. George Wilkinson III
AKA Enterprises
P.O. Box 108
South Perth, Western Australia 6951
Australia

RE: The tariff classification of Lucas’ Papaw Ointment from Australia

Dear Mr. Wilkinson:

In your letter dated April 27, 2005, you requested a tariff classification ruling.

The subject product, Lucas’ Papaw Ointment, consists of an ointment composed of fermented Carica papaya (common names: papaya, papaw, fruta bomba, lechosa), with potassium sorbate added as a preservative. The ointment is indicated for use as a topical application on, among other things, burns and bruises, abscesses and boils, carbuncles, open wounds, insect bites, and heat rash. The oinment is supplied, for retail sale, put up in plastic tubes containing 25 grams, and plastic jars containing 75 grams and 200 grams, respectively.

The applicable subheading for the subject product will be 3004.90.9145, Harmonized Tariff Schedule of the United States (HTS), which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.” The rate of duty will be free.

This merchandise may be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which are administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number 1-888-463-6332.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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